Simmons v. State

Appellant was convicted of assault with intent to rob and sentenced to 15 years imprisonment in the penitentiary. Following the verdict and sentence, appellant gave oral notice of appeal. The Court, finding appellant indigent, appointed counsel of record to represent appellant on appeal.

Subsequently, appellant, stating numerous grounds, moved for a new trial. In part, appellant contended that the verdict was contrary to the evidence adduced at trial. The trial court denied this motion.

The evidence shows that around midnight on Friday, August 27, 1976, two young black males, Danny Harris and…